'Cabinet members should step down'

MANILA, Philippines - Fourteen Cabinet members whose appointments lapsed after the 14th Congress adjourned last June 4 would have to step down.

Speaking on GMA television, Senate President Juan Ponce Enrile, ex-officio chairman of the Commission on Appointments, said the law requires these Cabinet secretaries to vacate their posts.

“Their appointments have already lapsed,” he said. “They can no longer sign documents, decisions; they cannot perform functions of a Cabinet secretary.”

Enrile identified the Cabinet members as Justice Secretary Alberto Agra, Trade Secretary Jesli Lapus, Health Secretary Esperanza Cabral, Public Works Secretary Victor Asis Domingo, Agriculture Secretary Bernie Fondevilla, Defense Secretary Norberto Gonzales, Energy Secretary Jose Ibazeta, Budget Secretary Joaquin Lagonera Sr., Transportation Secretary Anneli Lontoc, Environment Secretary Horacio Ramos, Labor Secretary Marianito Roque, Economic Planning Secretary Augusto Santos, Education Secretary Mona Valisno, and Social Welfare Secretary Celia Yangco.

P’sinan fiscal’s appointment hit

A provincial board member denounced yesterday President Arroyo’s last-minute appointment of the acting provincial prosecutor of Pangasinan.

The Pangasinan provincial board has asked President-elect Benigno Aquino III to review and recall the appointment of lawyer John Bigay.

In a privilege speech, Board Member Alfonso Bince Jr. said Bigay’s appointment is “patently illegal and palpably unconstitutional.”

Bigay’s appointment undermines and destroys the seniority and merit system in the provincial prosecutor’s office, he added.

Bince said the 43-year-old Bigay, a private practitioner, was appointed by Mrs. Arroyo on March 5 as second assistant provincial prosecutor.

Less than a month later, Mrs. Arroyo named Bigay acting provincial prosecutor of Pangasinan, he said.

Bince said Bigay’s two appointments came directly from Malacañang and did not pass through the offices of the provincial prosecutor, regional state prosecutor or the justice secretary.

Bigay took his oath of office as acting provincial prosecutor before Gov. Amado Espino Jr. on April 25 within the election ban on appointments.

Bince said the regional state prosecutor also protested Bigay’s appointment.

“The rank and file of the prosecutor’s office have vehemently protested this appointment through a letter addressed to the secretary of justice dated June 3, 2010,” he said.

Bigay is allegedly facing a number of criminal cases like grave threats and estafa before the Lingayen municipal court, Bince said.

Reached for comment, Bigay told The STAR that his appointment as second assistant provincial prosecutor is legal because as early as January 2010, he already had an endorsement from Malacañang’s Search Committee whose letter was endorsed to then Justice Secretary Agnes Devanadera.

On March 5, his appointment was issued “which is days before the prohibited appointment,” he added.

Bigay said Mrs. Arroyo, as the appointing authority, is not absolutely prohibited from appointing anybody, especially if that office is already vacant.

“My appointment is not for permanent provincial prosecutor but in temporary capacity, and any lawyer will know that the appointing authority of the President is absolutely allowed,” he said.

Bigay said it is the discretion of the appointing authority that he be appointed acting provincial prosecutor although a month earlier he had just been appointed as second assistant provincial prosecutor.

“I could not question the discretionary special prerogative of the President who is the appointing authority at that time,” he said.

Bigay said he would still wait for the endorsement from the justice secretary to be transmitted to the regional state prosecutor and to his office informing him that he would assume the post of acting provincial prosecutor.

Bince’s brother, first assistant provincial prosecutor Noel Bince, was temporarily designated by Nonnatus Caesar Rojas, regional state prosecutor, as officer-in-charge of the provincial prosecutor’s office effective last May 21 following the compulsory retirement of provincial prosecutor Segundino Ferrer.

The provincial prosecutor of Pangasinan has under his supervision 30 prosecutors in 20 regional trial courts and 44 municipal trial courts in the province. - With Eva Visperas